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Home My WebLink About2013-02 Amending Section 6-3C-6 of the Vail Town Code to Reconcile the Vail Town Code and the Newly Enacted Section 16 Article XVIII of the Colorado Constitution (Amendment 64)� „ ,�. . , ��,�. _ . ,�. � �..�-�.�-�.,_ �� ,. .., , � _ ORDINANCE NO. 2 SERIES 2013 AN ORDINANCE AMENDING SECTION 6-3C-6 OF THE VAIL TOWN CODE TO RECONCILE THE VAIL TOWN CODE WITH THE NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) WHEREAS, Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana; WHEREAS, Amendment 64 permits the possession, use, display, purchase or transportation of marijuana accessories and one ounce or less of marijuana by persons 21 years of age and older; WHEREAS, Amendment 64 allows possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale; WHEREAS, Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age; and WHEREAS, it is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with to Amendment 64 and to clarify and codify the Town's prohibition of inedical marijuana businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6-3C-6 of the Vail Town Code is hereby amended to read as follows: 6-3C-6: Possession of Marijuana, Marijuana Products and Marijuana Accessories Ga�a�is: A. Definitionsed: ” '" �MARIJUANA: +�sk�de�-all parts of the plant of the genus cannabis �a�a-� whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or its resin, including marijuana concentrate, but the term does not include industrial hemp, nor does it include Ordinance No. 2, Series of 2013 1 � � �� , fiber produced from its stalks, oil or cake made from the seeds of said plant, , , , , , ,� ,', , sterilized seed of such plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product. MARIJUANA PRODUCTS: Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. MARIJUANA ACCESSORIES: Equipment, products, or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. OPENLY OR PUBLICLY.� The consumption or growing of marijuana in a place commonly or usually open to or accessible by the general public, or to which members of the general public may resort, including without limitation public ways, streets, sidewalks, alleys, bicycle paths, trails, golf courses, public buildings, parks, open spaces, parking lots, shopping centers, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places, but excluding the interior or enclosed yard area of private homes, residences, condominiums or apartments. For purposes of this Section, "openly or publicly" expressly includes the consumption or growing of marijuana in any place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. B. Unlawful Acts ^°°��Q: It is sk�a�-be unlawful: #e�peFSe�� 1. For any person to use, display, purchase, transport possess or transfer � more than one ounce of marijuana in the Town. �, � 2. For any person to possess, grow, process or transport in the Town more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants. A person may possess the marijuana produced by these plants, provided that such possession is limited to the premises where the plants were grown and further provided that the growing takes place in an enclosed locked space and is not conducted openly or publicly Ordinance No. 2, Series of 2013 2 . . F. � ; _ : J . , . : �..�..�. N� . � Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of January, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of February, 2013, in the Council Chambers of the Vail Municipal Buildjt�„Vail, Colorado. ATTEST: v i Donaldson, Town Clerk ��j�•1�OF�V9 : A . . : SEAL : . . . . :, ,: ,�-�••...,.•�� READ AND APPROVED ON SECOND READI this 5th day of February, 2013. / ATTEST: � , Town Clerk P. Daly, D ORDERED PUBLISHED Andrew P. Daly, � � � F .�;9�� t � ' •. ,� : . . . . : s�AL � . . . . � �o�� .......�• •COLORp`� Ordinance No. 2, Serres of 2013 4